ILR Prep

[singkit]

Hi there, may I know what happened if you applied for visa AFTER your current visa expired? Will you be sent home or you will pay for the penalty? How much? Thanks.

[joebloggs]

Hi there, may I know what happened if you applied for visa AFTER your current visa expired? Will you be sent home or you will pay for the penalty? How much? Thanks.

you should always apply for a visa b4 your old one expires

AND

3.1. Out of time applications
It is not possible under Section 3(3) of the 1971 Act to vary the leave of a person who has overstayed, because he has no leave to vary. The Rules make no provision for the grant of leave to remain to an overstayer and therefore any such decision must involve the exercise of discretion outside the Rules. An overstayer has no right of appeal against a refusal to grant leave to remain and a formal notice of refusal is therefore not required under the Notices Regulations. However, notice is usually given on form RON 110 or RON 111.

The wording of such a notice is still important because it can become an issue at the deportation stage or be the subject of MP's representations or judicial review. The relevant wording contained in the refusal formulae may be used to explain why discretion outside the Rules has not been exercised, but if the overstaying itself is the reason for refusal it will be appropriate to say no more than: "... but in view of the fact that you have remained in the United Kingdom without leave since ....(date), the Secretary of State is not prepared to exercise his discretion to grant you leave to remain in your favour. The Secretary of State therefore refuses your application."

so i would have thought it would depend on the case worker, what type of visa it was, the reason why you didn't apply in time, how late your app was, what would happen , you would get you visa or maybe at worse told to leave, and apply for a settlement visa again